[Federal Register: February 6, 2007 (Volume 72, Number 24)]
[Notices]
[Page 5446-5452]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe07-50]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
Privacy Act of 1974; Report of Modified or Altered System--Indian
Health Service Scholarship and Loan Repayment Programs
AGENCY: Indian Health Service (IHS).
ACTION: Notice of Proposed Modification or Alteration to a System of
Records (SOR).
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, the Indian Health Service (IHS) is proposing to modify or alter a
SOR, ``Indian Health Service Scholarship and Loan Repayment Programs,''
System No. 09-17-0002. We propose to modify the SOR to reflect current
program changes, technology changes, statutory and implementation
changes. Under the system name, we propose no change to the title but
the office acronyms have been changed as a result of an organizational
change. We are proposing to change the system location to reflect
[[Page 5447]]
the current organizational and office location changes. We are
proposing to update the categories of individuals covered by the system
with minor edits to include Tribal medical/health care and Title V
Urban healthcare entity; and to update the categories of records in the
system with edits to include additional program requirements ``(e.g.
from W-4, direct deposit form for scholarship recipients and loan
repayment participants).'' We are proposing to update the Authority for
maintenance of the system to correct statutory authorities and to
include additional statutory authorities (e.g., Privacy Act, Federal
Records Act, and Department Regulations). We are proposing to update
the Purposes by categorizing the two programs and modifying/altering by
listing the applicable purposes into each of the two programs
(Scholarship and Loan Repayment). We are proposing to modify/alter/
delete several published routine uses, as explained, to accommodate
program and statutory changes as indicated: Numbers 1 through 3 remain
unchanged; number 4 is modified/altered to reflect program language
revisions and is renumbered as 5; number 5 is modified to include legal
proceedings related to administrative claims and the inclusive
provision of the Department of Health and Human Services (DHHS)/Office
of General Counsel (OGC) representation in litigation matters and is
renumbered as 4; number 6 is deleted as no longer applicable; number 7
is renumbered as 6 with no changes in the wording; number 8 is
renumbered as 7 with no changes in the wording; number 9 is renumbered
as 8 with no changes in the wording; number 10 is renumbered as 9 with
minor editorial changes; number 11 is renumbered as 10 with minor
editorial changes to include the IHCIA acronym citation (i.e., Indian
Health Care Improvement Act, as amended); number 12 is renumbered as 11
with no changes in the wording with the exception of the removal of the
statement on ``Disclosure to Consumer Reporting Agencies.''
We are proposing to add 7 new routine uses to provide disclosures
of records when all requirements are met: number 12, to provide
disclosure to consumer reporting agency for commercial credit report
and to National Student Clearinghouse using the Loan Location Internet
System for verification of applicant's loan data. The statement on
``Disclosure to Consumer Reporting Agencies'' is now incorporated in
this new routine use; number 13, to provide disclosure to any Federal
agency on delinquent debtors or defaulting participants to effect
salary offset, court-ordered administrative offset, and to the Treasury
Department, Internal Revenue Service (IRS) for verification of current
mailing address for collection purposes; number 14, to allow disclosure
to debt collection agents and those authorized federal or non-federal
entities to collect a Federal debt from delinquent debtors or
defaulting participants; number 15, to provide disclosure of
applicant's information to IRS for verification of any delinquent tax
account and to determine credit worthiness; number 16, to provide
disclosure of applicant's information to IRS any debt that becomes
partly or wholly uncollectible as taxable income; number 17, to allow
disclosure to IRS of any IHS debtors or defaulting participants'
information for IRS offset on tax refund; number 18, to allow the
disclosure of lenders or educational institutions' information to
Federal or non-Federal entities authorized to collect Federal debt and
for identification of an individual and the nature of the debt.
We are proposing to modify/alter the section on storage by
including computerized and electronic formats; the section on
safeguards for authorized users by redefining the staff functions; the
section on physical safeguards to identify specific safeguards for
electronic records; and the section on retention and disposal to
reflect separate program changes to the IHS Records Schedule for the
scholarship program records and to the loan repayment program records.
We are proposing to modify/alter the section on the system managers and
addresses to reflect the organization and function changes. Under the
notification procedures, we are proposing to modify/alter the sections
on requests in person and requests by mail to reflect minor edits and a
policy change on Social Security numbers; and the section on requests
by telephone by revising the wording in a clear and concise program
change. In addition, we are proposing two new notification procedures
that address requests by facsimile and requests by electronic mail by
including a confidentiality statement on facsimile requests and
clarification for electronic requests and its security safeguard risks.
Under the records source categories section, we are proposing to
modify/alter by including the Indian health program human resources
department. This system exemption previously listed as ``None'' will
remain.
DATES: Effective Dates: The Report of Intent to Amend a System of
Records Notice and an advance copy of the system notice have been sent
to the Chair of the House Committee on Government Reform and Oversight,
the Chair of the Senate Committee on Governmental Affairs, and the
Administrator, Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB). To ensure that all parties have adequate
time in which to comment, the modified system of records, including
routine uses, will become effective 40 days from the publication of the
notice, or from the date it was submitted to OMB and the Congress,
whichever is later, unless IHS receives comments that require
alterations to this notice.
ADDRESSES: The public should address comments to: Mr. William Tibbitts,
IHS Privacy Act Officer, Division of Regulatory Affairs, Records Access
and Policy Liaison, Office of Management Services, 801 Thompson Avenue,
TMP, Suite 450, Rockville, MD 20852-1627; call non-toll free (301) 443-
1116; send via facsimile to (301) 443-2316, or send your e-mail
requests, comments, and return address to: William.Tibbitts@ihs.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Patricia Lee-McCoy, Director,
Division of Health Professions Support, Office of Public Health
Support, 801 Thompson Avenue, TMP, Suite 450A, Rockville, MD 20852-
1627, Telephone (301) 443-4242.
SUPPLEMENTARY INFORMATION:
A. Major Modification of 09-17-0002, ``Indian Health Service
Scholarship and Loan Repayment Programs, HHS/IHS/OPHS/DHPS'': is to
reflect the organizational, program, technology, statutory and
implementation changes.
1. IHS is proposing to update the purposes by categorizing the two
programs and listing the applicable purposes into each of the two
programs.
2. IHS is proposing to modify/alter/delete several published
routine uses and to include seven (7) new routine uses when all
requirements have been met. IHS is modifying/altering routine use
4 to reflect program revisions and is renumbered as
5; routine use 5 is modified to include legal
proceedings related to administrative claims and in the inclusive
provision of the Department of Health and Human Service (DHHS)/Office
of General Counsel (OGC) representation in litigation matters and is
renumbered as 4; routine use 6 is deleted as no
longer applicable; routine use(s) 7, 8, 9, 10, 11, and 12 are
renumbered as 6, 7, 8, 9, 10, and 11 respectively.
IHS is proposing to add seven (7) new routine uses as follows:
Routine use 12 is to provide disclosure to consumer
[[Page 5448]]
reporting agency for commercial credit report and to National Student
Clearinghouse using the Loan Location Internet System; routine use
13 is to provide disclosure to any federal agency on
delinquent debtors or defaulting participants to effect salary offset,
court-ordered administrative offset, and to the Treasury Department,
Internal Revenue Service (IRS); routine use 14 is to allow
disclosure to debt collection agents and authorized federal and non-
federal entities for collection purposes; routine use 15 is to
provide disclosure of applicant's information to IRS for verification
and credit worthiness; routine use 16 is to provide disclosure
of applicant's information to IRS on uncollectible debt as taxable
income; routine use 17 is allow disclosure to IRS of any IHS
debtors or defaulting participants' information for IRS offset on tax
refund; and routine use 18 is to allow disclosure of lenders
or educational institutions' information to federal or non-federal
entities to collect Federal debt, identification of an individual and
the nature of the debt.
In addition to updating and making editorial corrections to improve
the clarity of the system notice, this alteration requires the updating
of the system manager listing, and revisions of the Categories of
Records, Purposes, Authority, Safeguard, Retention and Disposal,
Notification and Access Procedures sections. IHS is proposing to add
two (2) new notification procedures by addressing requests by facsimile
and requests by electronic mail.
Dated: January 31, 2007.
Charles W. Grim,
Assistant Surgeon General, Director, Indian Health Service.
Department of Health and Human Resources
09-17-0002
System name:
Indian Health Service Scholarship and Loan Repayment Programs, HHS/
IHS/OPHS/DHPS.
Security classification:
None.
System location:
Office of Public Health Support (OPHS), Division of Health
Professions Support (DHPS), Scholarship Branch, Loan Repayment Branch,
Health Professions Support Branch, Indian Health Service, 12300
Twinbrook Parkway, Suite 450A, Rockville, MD 20852. Washington National
Records Center, 4205 Suitland Road, Suitland, MD 20746-8001. Records
are also located at the Indian Health Service (IHS) Area Offices. A
list of the IHS Area Offices where individually identifiable data are
currently located is available upon request to the Policy-Coordinating
Official(s) at IHS Headquarters East, 12300 Twinbrook Parkway, Suite
450A, Rockville, MD 20852.
Categories of individuals covered by the system:
Applicants for and recipients of benefits from scholarship and loan
repayment programs administered by the IHS. The IHS scholarship program
includes the Health Professions Pre-Graduate Scholarship Program for
Indians, the Health Professions Preparatory Scholarship Program for
Indians; and the Health Professions Scholarship Program for Indians.
Also included are records of scholarship or loan repayment recipients
who are fulfilling their IHS service obligations as a result of
receiving funds from these IHS programs, and individuals who have an
expressed and/or obligated interest in employment in or an assignment
to an IHS medical facility, Tribal medical/health care facility, Title
V urban healthcare entity, or other facility described in sections 104
and 108 of the Indian Health Care Improvement Act, as amended (IHCIA).
Categories of records in the system:
Contains: Name, telephone number(s), work, school, home and/or
mailing address; Social Security number; IHS scholarship or IHS loan
repayment application; associated forms; employment data; professional
performance and credentialing history of licensed health professionals;
preference for site selection; personal, professional, and demographic
background information; progress reports (which include related data,
correspondence, and professional performance information); payroll
forms; lender's loan repayment confirmation forms; Form W-4 (for
withholding Federal taxes on scholarship recipients monthly stipends);
IHS loan recipient's direct deposit form request (for monthly stipends
for scholarship recipients and for annual loan repayment distribution
among participants in the programs); deferment and placement data; and
repayment/delinquent/default status information.
Authority for maintenance of the system:
25 U.S.C. 1613, including the Health Professions Preparatory
Scholarship Program for Indians; 25 U.S.C. 1613a, Indian Health
Professions Scholarship; 25 U.S.C. 1616a, IHS Loan Repayment Program; 5
U.S.C. 5514, Requirement That Applicant Furnish Taxpayer Identifying
Number; 42 U.S.C. 216(a), for PHS Commissioned Corps Officers, and 5
U.S.C. 3301 for civil service employees, both of which authorize
verification of an individual's suitability for employment; Federal
Records Act ``44 U.S.C. 2901 et seq.''; Privacy Act of 1974, as amended
(5 U.S.C. 552a); Department Regulation ``5 U.S.C. 301''; and 42 U.S.C.
254f, Assignment of Corps Personnel.
Purpose(s):
The purposes of this system of records are as follows:
1. The IHS Scholarship Programs.
(a) To select applicants for the IHS Scholarship Programs;
(b) To monitor scholarship related activities, such as payment
tracking, deferment and/or postponement of service obligations owed
default, placement, and debt collection through national credit company
subscription(s);
(c) To select and match IHS scholarship recipients for qualified
employment assignments with the following: IHS medical facilities,
including but not limited to hospitals, health clinics and ambulatory
stations; and any other programs as required under 25 U.S.C. 1616a;
(d) To monitor services provided by these IHS scholarship
recipient/participant/obligated health care providers;
(e) To maintain records on and to verify individuals' credentials,
educational background, prior and current performance history and data
and previous and current employment and professional history
information to verify and validate all claimed credentials are current,
accurate, and in good standing;
(f) To assist Department of Health and Human Services (DHHS),
Program Support Center (PSC) and other government officials in the
collection of any and all overdue debts owed under the IHS Scholarship
Program; and
(g) To negotiate site assignments, and to recruit and retain health
professionals for Indian Health programs. Portions of records from this
system of records may be used by staff of the DHHS/PSC; Division of
Financial Operations (DFO), Debt Management, who maintain System No.
09-40-0012, ``Debt Management and Collection System'' and System No.
09-90-0024, ``Unified Financial Management System'', for activities
related to the participant's breach of contract including debt
collection information provided to PSC staff includes, but may not be
limited to the participant's personal identification, number of years
of support in school
[[Page 5449]]
while covered by an IHS scholarship contract, number of days served and
still owed, and amount of funds expended and still owed.
2. The IHS Loan Repayment Agreement Program.
(a) To select applicants for the IHS Loan Repayment Program;
(b) To monitor loan repayment related activities including but not
limited to service obligations, default and claims determinations;
(c) To assure IHS loan repayment recipients match to a health care
facility serving high priority health professional shortage areas or
populations as outlined by current IHS scoring criteria policy and
procedure, such as IHS medical facilities, including but not limited to
hospitals, health clinics and ambulatory stations; and any other
programs as required under 25 U.S.C. 1616a;
(d) To monitor service provided by IHS loan repayment participants;
(e) To maintain records on and to verify individuals' credentials
and educational background;
(f) To assist PSC and other governmental officials in the
collection of overdue debts owed under the IHS Loan Repayment Agreement
Program; and
(g) To negotiate site assignments, and recruit and retain health
professionals for Indian Health programs. Portions of records from this
system of records may be used by staff of the DHHS/PSC; Division of
Financial Operations (DFO), Debt Management, who maintain System No.
09-40-0012, ``Debt Management and Collection System'' and System No.
09-90-0024, ``Unified Financial Management System'', for activities
related to the participant's breach of contract including debt
collection information provided to PSC staff includes, but may not be
limited to the participant's personal identification, number of days
served and still owed, and amount of funds expended and still owed.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
1. IHS may disclose records to a congressional office in response
to a verified inquiry from the congressional office made at the written
request of the subject individual.
2. Records may be disclosed to authorized persons employed by the
grantee institution (the educational institution which the recipient of
a scholarship grant is attending or the hospital affiliated with an
educational institution the IHS loan repayment recipient is attending
to complete his or her residency requirement) as needed for the
administration of a scholarship grant award.
3. Records may be disclosed to other Federal agencies that also
provide scholarship funding at the request of these Federal agencies to
detect or curtail fraud and abuse in Federal scholarship programs, and
to collect delinquent loans or benefit payments owed to the Federal
Government.
4. IHS may disclose information from these records in litigations
and/or proceedings related to an administrative claim when:
(a) IHS has determined that the use of such records is relevant and
necessary to the litigation and/or proceedings related to an
administrative claim and would help in the effective representation of
the affected party listed in subsections (i) through (iv) below, and
that such disclosure is compatible with the purpose for which the
records were collected. Such disclosure may be made to the DHHS/Office
of General Counsel (OGC) and/or Department of Justice (DOJ), pursuant
to an agreement between IHS and OGC, when any of the following is a
party to litigation and/or proceedings related to an administrative
claim or has an interest in the litigation and/or proceedings related
to an administrative claim:
(i) DHHS or any component thereof; or
(ii) Any DHHS employee in his or her official capacity; or
(iii) Any DHHS employee in his or her individual capacity where the
DOJ (or DHHS, where it is authorized to do so) has agreed to represent
the employee; or
(iv) The United States or any agency thereof (other than DHHS)
where HHS/OGC has determined that the litigation and/or proceedings
related to an administrative claim is likely to affect DHHS or any of
its components.
(b) In the litigation and/or proceedings related to an
administrative claim described in subsection (a) above, information
from these records may be disclosed to a court or other tribunal, or to
another party before such tribunal in response to an order of a court
or administrative tribunal, provided that the covered entity discloses
only the information expressly authorized by such order.
5. IHS may provide to any organization, program or facility
administered under the authority of the IHCIA (Pub. L. 93-437, 25
U.S.C. 1601 et seq.) solely to provide health care services for the
benefit of Indians, whether directly by our service; or by any
federally recognized Tribe under authority of the Indian Self-
Determination and Education Assistance Act (ISDEAA) (Pub. L. 93-638, as
amended, 25 U.S.C. 450 et seq.); a list of obligated recipients of
scholarship grants, and any relevant information pursuant to recruiting
and retaining these individuals for the purpose of meeting the health
care needs of the requesting organization, program, facility or the
federally recognized Tribe under IHCIA and ISDEAA.
6. IHS may disclose records consisting of names, disciplines,
current mailing addresses, and dates of graduation of scholarship
recipients and loan repayment program participants to IHS discipline
representatives, IHS and Tribal scholarship coordinators, and Indian
health program health professional recruiters for the purpose of
mentoring students during their training, assisting them to find
appropriate positions upon completion of their training, and helping
them to understand the nature of their professional service obligation.
IHS may disclose records consisting of names of the IHS scholarship
or IHS loan repayment recipient, professional school he or she is
attending, and the date of graduation to Indian health programs as
defined by the IHCIA; health professions associations and other
interested health professions groups which have responsibility for
coordinating funds paid to students from Federal and other sources.
8. IHS may disclose records contained in this system of records to
HHS contractors and subcontractors for the purpose of collecting,
compiling, aggregating, analyzing, or refining records in the system.
Contractors and/or subcontractors are required to maintain Privacy Act
safeguards with respect to such records.
9. IHS may disclose records contained in this system of records to
HHS contractors and subcontractors for the purpose of recruiting,
screening, and matching health/allied health professionals for
assignment to or employment in a medical facility located in one of the
options cited in section 108(a)(2)(A) of the IHCIA. In addition, HHS
contractor and subcontractors:
(a) May disclose biographic data and information supplied by
potential applicants;
(i) To references listed on application and associated forms for
the purpose of evaluating the applicant's professional qualifications,
experience, and suitability; and
(ii) To a state or local Government medical licensing board and/or
to the Federation of State Medical Boards or a
[[Page 5450]]
similar non-Government entity for the purpose of verifying that all
claimed background and employment data are valid and all claimed
credentials are current and in good standing.
(b) May disclose biographic data and information supplied by
references listed on application and associated forms to other
references for the purpose of inquiring into the applicant's
professional qualifications and suitability; and
(c) May disclose professional suitability evaluation information to
IHS officials, prospective employers, or to officials of prospective
employers, or to site representatives, for the purpose of appraising
the applicant's professional qualifications and suitability for site
assignment or employment.
Contractors and/or subcontractors are required to maintain Privacy
Act safeguards with respect to such records.
10. IHS may disclose records contained in this system of records to
private parties such as present and former employers references listed
on application and associated forms, other references, and education
institutions. The purpose of such disclosures is to obtain information
to evaluate an individual's professional accomplishments, performance,
and educational background, and to determine if an applicant is
suitable for employment in/assignment to a medical facility located at
one of the sites listed in section 108(a)(2)(A) of the IHCIA.
11. IHS may disclose records contained in this system of records to
other Federal agencies that also provide scholarship or educational
loan repayment funding at the request of these Federal agencies in
conjunction with a computer matching program conducted by these Federal
agencies to detect or curtail fraud and abuse in Federal scholarship or
educational loan repayment programs, and to collect delinquent loans or
benefit payments owed to the Federal Government.
12. IHS may disclose information from this system of records to a
consumer reporting agency (credit bureau) to obtain an applicant's or
participant's commercial credit report for the following purposes: (1)
To establish his or her credit worthiness; (2) to assess and verify his
or her ability to repay debts owed to the Federal Government; and (3)
to determine and verify the eligibility of loans submitted for
repayment. IHS may also disclose information from this system of
records to the National Student Clearinghouse using the Loan Locator
Internet System or similar system to assist in the verification of loan
data submitted by Loan Repayment Program (LRP) applicants. Disclosures
are limited to the individual's name, address, Social Security number
and other information necessary to identify him or her; locate all
student loans and verify payment addresses; identify the funding being
sought or amount and status of the debt; and the program under which
the applicant or claim is being processed.
Disclosure to consumer reporting agencies:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be
made from this system to ``consumer reporting agencies'' as defined in
the Fair Credit Reporting Act (15 U.S.C. 158a(f)) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)). The purposes of these
disclosures are: (1) To provide an incentive for debtors to repay
delinquent Federal Government debts by making these debts part of their
credit records; and (2) to enable PHS agencies to improve the quality
of loan and scholarship decisions by taking into account the financial
reliability of applicants. Disclosure of records will be limited to the
individual's name, social security number, and other information
necessary to establish the identity of the individual, the amount,
status, and history of the claim, and the agency or program under which
the claim arose.
13. IHS may disclose from this system of records a delinquent
debtor's or a defaulting participant's name, address, social security
number, and other relevant information necessary to identify him or
her; the amount, status, and the history of the claim; and the agency
or program under which the claim arose, as follows:
(a) To any Federal agency to effect a salary offset for debts owed
by Federal employees; if the claim arose under the Social Security Act,
and the employee must have agreed in writing to the salary offset with
the supporting document from the requesting Federal agency.
(b) To any Federal agency to effect authorized administrative
offset; i.e., withhold money, other than Federal salaries, payable to
or held on behalf of the individual that is court ordered and/or in
accordance with a specific law/mandate.
(c) To the Treasury Department, Internal Revenue Service (IRS), to
request an individual's current mailing address to locate him or her
for purposes of either collecting or compromising a debt or to pay a
commercial credit report prepared.
14. IHS may disclose to debt collection agents, other Federal
agencies, and other third parties who are authorized to collect a
Federal debt, information necessary to identify a delinquent debtor or
a defaulting participant. Disclosure will be limited to the
individual's name, address, social security number, and other
information necessary to identify him or her; the amount, status, and
history of the claim; and the agency or program under which the claim
arose.
15. IHS may disclose to the IRS information about an individual
applying for the IHS loan repayment or scholarship program authorized
by the Public Health Service Act to find out whether the applicant has
a delinquent tax account. This disclosure is for the sole purpose of
determining the applicant's creditworthiness and is limited to the
individual's name, address, social security number, and other relevant
information necessary to identify him or her, and the program for which
the information is being obtained.
16. IHS may report to the IRS, as taxable income, the written-off
amount of a debt owed by an individual to the Federal Government when a
debt becomes partly or wholly uncollectible, either because the time
period for collection under statute or regulations has expired, or
because the government agrees with the individual to forgive or
compromise the debt.
17. IHS may disclose from this system of records to the Department
of Treasury, IRS: (1) A delinquent debtor's or a defaulting
participant's name, address, social security number, and other relevant
information necessary to identify the individual; (2) the amount of the
debt; and (3) the program under which the debt arose, so that the IRS
can offset against the debt any income tax refunds which may be due to
the individual.
18. IHS may disclose information provided by the lender or
education institution to other Federal agencies, debt collection
agents, and other third parties who are authorized to collect a Federal
debt. The purpose of this disclosure is to identify an individual who
is delinquent in loan or benefit payments owed to the Federal
Government and the nature of the debt.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in paper format (i.e., file folders), and in
computerized and electronic format (i.e., forms, database(s), etc.).
Retrievability:
Records which identify individual persons are indexed by name or
[[Page 5451]]
assigned identification number of scholarship or loan repayment
applicant or recipient.
Safeguards:
1. Authorized users: Access is limited only to authorized personnel
in the performance of their duties. Authorized personnel include and
are limited to: The system manager, his or her staff, IHS Area Office
Scholarship or IHS Loan Repayment Coordinators, IHS Headquarters Branch
Chiefs while acting as advisors to scholarship or IHS loan repayment
recipients, and PSC debt management staff for activities related to the
participant's breach of contract including debt collection.
2. Physical safeguards: Paper records are stored in locked file
cabinets. The records storage areas are secured during off-duty hours.
Electronic records are stored in areas where fire and life safety codes
are strictly enforced. Any and all records pertaining to IHS
Scholarship and Loan Repayment Program databases are to be enforced by
the current Security Guidelines provided by HHS/IHS. All automated and
non-automated documents are protected during lunch hours and non-
working hours in locked file cabinets or locked storage areas. The
Automated Data Processing remote stations are locked during non-
standard working hours. Twenty-four hour, 7-day security guards perform
random checks on the physical security of the data and the storage
areas. Backup files are maintained in an off-site facility with
controlled entrances and exits.
3. Procedural safeguards: All IHS personnel who make use of records
contained in this system are made aware of their responsibilities under
the provisions of the Privacy Act and are required to maintain Privacy
Act safeguards with respect to such records. The records storage areas
are not left unattended during office hours, including lunch hours.
Records are not removed from these areas in which they are maintained
in the absence of proper charge-out procedures. Twenty-four hour,
seven-day security guards perform random checks on the physical
security of all records storage areas. A data set name controls the
release of data to only authorized users. When copying records for
authorized purposes, care is taken to ensure that any imperfect pages
are not left in the reproduction room where they can be read, but are
destroyed or obliterated.
Retention and disposal:
1. Scholarship applications of individuals not selected for
participation in the program are retained for 1 full year, and then
destroyed by shredding. Applications, contracts, and other records of
IHS scholarship recipients are retained through the completion or other
disposition of the scholarship service obligation, then sent to the
Federal Records Center (FRC) for an additional 15-year retention period
and destroyed in accordance with FRC disposal standards. Automated
historical tapes are sent to a FRC and the initial records are
destroyed in accordance with IHS Records Control Schedule.
The records for the scholarship applicants, who are not obligated
to the IHS, are destroyed 6 years and 3 months after final payment, or
upon resolution of any adverse audit findings, whichever is later.
2. Loan repayment applications of individuals not selected for
participation in the program are retained until the end of the fiscal
year. Loan repayment applications, upon notification, are applied to
the loan repayment cycle of the following fiscal year. The records for
the loan repayment participants are destroyed 6 to 10 years after the
final payment, or upon resolution of any adverse audit findings,
whichever is later.
Records are transferred to the FRC 2 years after final repayment or
when closed, for 4 years, and are then subsequently disposed of in
accordance with the IHS Records Disposition Schedule. The IHS Records
Disposition Schedule regulations for these records may be obtained by
writing to the System Manager(s) at the address listed below.
System manager(s) and address:
Policy Coordinating Official(s):
Director, Division of Health Professions Support, Office of Public
Health Support, Indian Health Service, 12300 Twinbrook Parkway, Suite
450A, Rockville, Maryland 20852.
Director, Division of Grants Operations, Office of Management
Services, Indian Health Service, 12300 Twinbrook Parkway, Suite 360,
Rockville, Maryland 20852.
Chief, Scholarship Branch, Division of Health Professions Support,
Office of Public Health Support, Indian Health Service, 12300 Twinbrook
Parkway, Suite 450A, Rockville, Maryland 20852.
Chief, Loan Repayment Branch, Division of Health Professions
Support, Office of Public Health Support, Indian Health Service, 12300
Twinbrook Parkway, Suite 450A, Rockville, Maryland 20852.
Notification procedures:
Requests in person: A subject individual who appears in person at a
specific location seeking access to or disclosure of records relating
to him or her shall provide his or her name, current address, Grant
Identification Number, last four digits of their social security number
or other identification numbers, dates of enrollment in the IHS
scholarship or loan repayment program, and at least one piece of
tangible identification such as a driver's license, passport, or voter
registration card. Identification papers with current photographs are
preferred, but not required. If a subject individual has no
identification, but is personally known to an agency employee, such
employee shall make a written record verifying the subject individual's
identity. Where the subject individual has no identification papers,
the responsible agency official shall require that the subject
individual certify in writing that he or she is the individual who he
or she claims to be and that he or she understands that the knowing and
willful request or acquisition of a record concerning an individual
under false pretense is a criminal offense subject to a 5,000 dollar
fine.
Requests by mail: A written request must contain the name and
address of the requestor, last 4 digits of their respective social
security number and/or signature which is either notarized to verify
his or her identity or includes a written certification that the
requestor is the person he or she claims to be and that he or she
understands that the knowing and willful request or acquisition of
records pertaining to an individual under false pretenses is a criminal
offense subject to a 5,000 dollar fine. In addition, the following
information is needed: Dates of enrollment in the IHS Scholarship
Program or IHS Loan Repayment Agreement program, and current enrollment
status, such as pending application approval, deferment or service
obligation, or shortage area placement.
Requests by facsimile: A written request must contain the name and
address of the requestor, last 4 digits of their respective social
security number and/or signature. In addition, the following
information is needed: Dates of enrollment in the IHS scholarship
program or IHS Loan Repayment Agreement Program, and current enrollment
status, such as pending application approval, deferment or service
obligation, or shortage area placement. The IHS Scholarship and Loan
Repayment programs will authorize transmission and reception of all
faxed information only if the fax cover sheets contain the following
Confidentiality Statement or a similar
[[Page 5452]]
standard procedural statement for liability purposes:
``THIS FAX IS INTENDED ONLY FOR THE USE OF THE PERSON OR OFFICE TO
WHOM IT IS ADDRESSED, AND CONTAINS PRIVILEGED OR CONFIDENTIAL
INFORMATION PROTECTED BY LAW. ALL RECIPIENTS ARE HEREBY NOTIFIED THAT
INADVERTENT OR UNAUTHORIZED RECEIPT DOES NOT WAIVE SUCH PRIVILEGE, AND
THAT UNAUTHORIZED DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS FAX IN ERROR,
PLEASE DESTROY THE ATTACHED DOCUMENT(S) AND NOTIFY THE SENDER OF THE
ERROR BY CALLING.''
Requests by telephone: Since positive identification of the caller
cannot be established, telephone requests are not honored; the caller
is asked to submit his or her request in writing.
Requests by electronic mail: Since positive identification of the
requestor cannot be established, and the electronic transmission of
personal identifiers is not encrypted, the security safeguards is not
guaranteed from an unauthorized disclosure, so electronic mail requests
are not honored and will be deleted from the IHS e-mail system; and the
computer user is asked to submit his or her request in writing and/or
by facsimile transmission.
Record access procedures: Same as notification procedures.
Requestors should also provide a reasonable description of the record
being sought. Requestors may also request an accounting of disclosures
that have been made of their record, if any.
Contesting record procedures:
Contact the Policy Coordinating Official(s), provide a reasonable
description of the record, and specify the information being contested,
the corrective action sought, and the reasons for requesting the
correction, along with supporting information to show how the record is
inaccurate, incomplete, untimely, or irrelevant.
Record source categories:
Information will be collected from the following sources:
Education institutions attended; internship and/or residency
training progress reports; IHS site selection questionnaires; IHS
Scholarship or Loan Repayment applicants; Indian health programs human
resources department; financial institutions from which these
applicants have obtained educational loans; Bureau of Health
Professions Area Resources File tapes; health professional
associations; HHS contractors/subcontractors; consumer reporting
agencies/credit bureaus; lending institutions; PHS Commissioned
Personnel Operations Division and U.S. Office of Personnel Operations
Division and U.S. Office of Personnel Management personnel records;
other Federal agencies, including but not limited to the Department of
Treasury, the IRS, and the U.S. Postal Service; State or local
Government medical licensing boards and/or the Federation of State
Medical Boards or a similar non-Government entity; and third parties
who provide references concerning the subject individual.
Systems exempted from certain provisions of the Act:
None.
[FR Doc. 07-501 Filed 2-5-07; 8:45 am]
BILLING CODE 4165-16-M
